Dáil Éireann Debate, Thursday - 6 December 2012
90. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason the legal aid file was closed in the separation proceedings in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [55048/12]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. Under Section 7(3) of the Act, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned.
The Deputy might further wish to note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. Finally, while I can advise the Deputy that a person who is refused legal aid has the right to appeal this decision to an Appeal Committee which is made up of non-executive members of the Board, again I have no role in this process.
